DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1352)

RSJ CRISP PTY LTD AND CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MAY 2018

Application for approval of the RSJ Crisp Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the RSJ Crisp Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 May 2018 and, in accordance with s.54, will operate from 14 May 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between RSJ Crisp Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard by the Fair Work Commission, which is responsible for regulating workplace relations and approving enterprise agreements. The primary dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the mandatory terms as stipulated by the Act, whether it was free from any unlawful content, and if it complied with the good faith bargaining provisions. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees involved.

The Commission examined the provisions of the proposed agreement, the bargaining process, and the compliance with the statutory requirements. It found that the agreement contained all the mandated terms, was free from any unlawful content, and adhered to the good faith bargaining principles. The Commission also concluded that the agreement was in the best interests of the employees, as it provided fair and reasonable terms of employment. Consequently, the application for approval was granted, and the enterprise agreement was duly approved.

The Commission's decision was based on a thorough examination of the agreement's provisions and the bargaining process. It found that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The decision underscores the importance of ensuring that enterprise agreements are compliant with statutory requirements and that they provide fair and reasonable terms for employees. The approval of the agreement allows for the continued operation of the workplace under the agreed terms.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established